§ 4668 — Revocation, suspension or annulment of certificate of authority

§ 4668. Revocation, suspension or annulment of certificate of\nauthority. 1. The commissioner may revoke, suspend, limit or annul the\ncertificate of authority of an operator upon proof that:\n a. The operator failed to continue to meet the requirements for the\nauthority originally granted;\n b. The operator lacked one or more of the qualifications for the\ncertificate of authority as specified by this article;\n c. The operator made a material misstatement, misrepresentation, or\ncommitted fraud in obtaining the certificate of authority, or in\nattempting to obtain the same;\n d. The operator lacked fitness or was untrustworthy;\n e. The operator engaged in fraudulent or dishonest practices of\nmanagement in the conduct of business under the certificate of\nauthority;\n f. The operator converted or withheld funds;\n g. The operator failed to comply with, or violated, any proper order,\nrule or regulation of the council or violated any provision of this\narticle;\n h. The unsound business practices of the operator renders its further\ntransactions in this state hazardous or injurious to the public;\n i. The operator has refused to be examined or to produce its accounts,\nrecords and files for examination, or its officers, employees or\ncontrolling persons have refused to give information with respect to the\naffairs of the community or to perform any other legal obligation as to\nsuch examination; or\n j. The commissioner has found violations of applicable statutes, rules\nor regulations which threaten to affect directly the health, safety, or\nwelfare of a resident of a fee-for-service continuing care retirement\ncommunity.\n 2. No certificate of authority shall be revoked, suspended, limited or\nannulled without a hearing, except that a certificate of authority may\nbe temporarily suspended or limited prior to a hearing for a period not\nin excess of sixty days upon written notice to the operator following a\nfinding by the commissioner that public health or safety is in imminent\ndanger or there exists any condition or practice or a continuing pattern\nof conditions or practices that pose an imminent danger to the health or\nsafety of any resident. Any delay in the hearing process occasioned by\nthe operator shall toll the running of said suspension or limitation and\nshall not abridge the full time provided in this subdivision.\n 3. Any state agency which seeks to revoke, suspend, limit or annul the\ncertificate of authority or any other license or certificate required to\nbe obtained by an operator of a community pursuant to law, shall request\nthe commissioner to commence a hearing pursuant to this section.\n 4. The commissioner shall fix a time and place for the hearing. The\ncommissioner shall cause to be served in person or mailed by registered\nor certified mail to the operator at least ten days before the date\nfixed for the hearing a copy of the charges, together with the notice of\nthe time and place of the hearing. The operator shall file with the\ncommissioner not less than three days prior to the hearing a written\nanswer to the charges. The agency which initiated the proceeding shall\nbe responsible for providing evidence in support of the charges to the\ncommissioner in order to prepare a statement of charges and shall\nprovide evidence in support of the charges at the hearing.\n 5. All orders pursuant to this section shall be subject to review as\nprovided in article seventy-eight of the civil practice law and rules.\nApplication for such review shall be made within sixty days after\nservice in person or by registered or certified mail of a copy of the\norder upon the operator.\n